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COURT OF CRIMINAL JURISDICTION.
On Monday the Court assembled, and proceeded to the trial of
Richard Moxworthy, charged with the commission of an offence, of the most disgusting and abominable kind.
In support of the accusation many witnesses were called, the most favorable of whom went considerably to strengthen the material circumstances of the charge; which after a long and painful investigation, left not on the minds of the Court a doubt of actual guilt.
John Hopkins, his accomplice in the crime, was also indicted on the charge, and found guilty.
Jacob Isaacs stood indicted for Stealing a quantity of tea, of 5s. value, in the warehouse of Mr. Robert Campbell ; and being found guilty, received sentence of transportation for the term of 7 years.
On Tuesday Patrick Shannan was put to the bar and indicted for having, upon the 2d day of the present month, stolen a quarter of a pound of thread from the warehouse of Captain Dundas, his property. On the prisoner's behalf no opposition was set up to the fact stated in, the indictment ; but a representation to the Court was made by the friends of the prisoner, of his having laboured under a mental derangement for some time previous to, and at the time of his committing the theft.
In reply to this representation the Court declared that it must obviously be attended with evil consequences to Society were such a plea as this to be countenanced, as it would afford to other delinquents a prospect of offending with impunity, by sheltering themselves beneath a similar plea. If, therefore the persons who had so far interested themselves in the prisoner's behalf were inclined to defend him, the Court would most assuredly allow them every opportunity of doing so; and if, upon the whole, he really did appear to be non-compos mentis at the time, the circumstances of the case would be duly considered by the Court.
Mr. W. Gordon and Mr. R. Campbell, jun, spoke to the prisoner's having been at Mr. Cambell's warehouse on the 2d of July, wherein he committed many acts of extravagancy, that left no doubt upon their minds of his derangement.
John Mollet gave evidence, that prior to the commission of the offence for which he was apprehended, the prisoner had in his presence exhibited symptons of undoubted lunacy, and that his conversation was perfectly incoherent. It was also stated that upon the 1st of July he had been committed to prison for a violent and unprovoked assault ; and was under bail to a heavy amount at the time of the theft. Numerous other witnesses confirmed the presumption of the prisoner's derangement : which it was suggested was likely to have proceeded from a depression in his circumstances that had recently taken place.
JOHN HARRIS, Esq. spoke to the prisoner's character ; he had known him for many years in a situation of trust ; and never had the slightest cause to suspect him of dishonesty.
From the union of numerous circumstances tending to substantiate the plea of lunacy, the Court were satisfied that it had not been craftily resorted to as a subterfuge for eluding the stroke of justice ; but that the prisoner was unhappily deranged, and he therefore was acquitted.
A solicitation was then presented, praying the Court, that as from the evidence adducd it might be considered dangerous to suffer the prisoner to go at large, they would give directions for his present confinement. The application was considered reasonable, and was acquiesced in by the Court, open to the approval of His Honor the Lieutenant Governor ; strictly ordering at the same time, that every attention should be paid to the proper treatment of the unfortunate man.
The two persons capitally convicted were now recalled to the bar to receive judgment of death. Upon this solemn occasion the Acting Deputy JUDGE ADVOCATE, addressing the prisoners in the most impressive language, exhorted them duly to reflect upon the awful change that had taken place in their condition. "You have, said he, been brought to this bar upon a charge the most heinous and disgusting ; and after a long and very minute investigation of the circumstances of your accusation, ye have been found guilty of an offence to which the laws of Country attach the penalties of death. Ye have offended against the order of nature ; ye have brought disgrace upon your friends and families wherever they may be ; and intailed disgust upon your memory. The vengeance of the law you have drawn upon yourselves under such strong evidences of a shameless depravity as to preclude ye the hope of mercy upon earth. It is now become your duty to prepare for a future state, by a sincere repentance. To this great duty let me intreat you most seriously to attend ; and may your contrition be found acceptable to the Supreme Judge before whom ye shortly may appear." The awful sentence was pronounced ; and the prisoners taken from the bar ; after which the Court adjourned to a future day ; but at the prayer of Mr. Peter Cummings, master of the ship Dundee, stating that his chief officer was confined upon a charge of homicide, the witnesses to which were seamen belonging to his ship, which was shortly about to sail.
In consideration whereof, and to prevent the delay of the vessel, he trusted the court would hear and determine on the charge before its adjournment.
This remonstrance was attended to, and upon the following day the Court re assembled, when
Mr. Jeremiah Worsley was arraigned upon a charge of murder, committed upon a lascar named Saboo, by beating him with such severity as to occasion his immediate death ; and also upon a malay named Hydronse, by causing cold water to be thrown upon him while in a state of extreme debility, which was stated to have been the cause of his death.
The prisoner having pleaded Not Guilty,
Jean Gomez, a Portuguese seaman belonging to the Dundee deposed, that about 6 weeks before the ship's arrival at this port, he saw Saboo descend from the rigging, and receive some provision from the Casaab, or Asiatic cook ; and afterwards saw him ask for more which was refused to him, and a quarrel ensued ; that the prisoner went to part them, and with his fist struck Saboo in the face, between the eyes, and at the same time kicked him, whereupon he fell ; that the deponent saw blood flow from his eyes, ears, and mouth ; and that he almost instantaneously expired.
Cross examined.
Q. How many times did the prisoner strike Saboo: - Ans. He gave him one blow and one kick.
Q. Are you sure you saw the whole of the transaction? - A. Yes, I was present all the time, and saw him fall as soon as he received the blow.
Q. You are certain the prisoner struck him on the face? - A. Yes.
The deponent acknowledged an utter antipathy to the prisoner, who had frequently beat him, among the rest of the people.
Emanuel, the cabin steward, was next called upon ; and related the circumstance of the quarrel between the casaub and the deceased Saboo, which nearly corresponded with the testimony given by the foregoing evidence. He also swore positively that the prisoner had struck him one blow and given him one kick ; that the man fell, and bled from the eyes, nose, and mouth, and died shortly after.
Cross Examined.
Q. Did you see the whole of the transaction. - A. Yes ; I was present and saw the whole from the beginning of Saboo's quarrel with the Casaub to the moment of his falling ; and knew that he died shortly after.
Q. In what manner did he fall? - A. He fell on his face.
Q. Was it possible that the blood you saw might have been occasioned by the fall? - A. I did not think it was.
Q. Are you certain the prisoner struck him only one blow? - He struck him only one blow, and gave him one kick.
Q. Where did he receive that blow? - A. on his side.
Q. Are you certain he did not strike him on the face? - A. I am certain he did not, but that it was on the side.
This evidence also acknowledged an antipathy against the prisoner.
Mr. Redford, surgeon of the Dundee called.
Examined by the Court.
Q. Do you recollect the death of Saboo? - A. Yes, very well.
Q. Did you examine the body? - A. I was told by the chief officer that a man had fallen down, and he wished me to go and see him. - I did so ; and the man dead.
Q. What did you suppose occasioned his death. - A. Intense cold, and long debility ; from which others had fallen down and expired in a like way.
Q. Were there any marks of violence on the body. - A. None that I could perceive. Upon one of the temples, there was a small contusion, which appeared to have been occasioned by the fall ; and from which a few drops of blood come.
Q. Was there no blood in any other part of the face? - A. I saw none.
Q. Did you then or do you now consider that this man died from ill treatment? - I am positive he did not.
Q. Did any person on board the Dundee, as you conceive, die from the prisoner's ill-treatment? - A. None, I am positive.
Q. Did you ever hear it mentioned that Saboo had come by his death from ill usage? - A. I never did until we had been several days in this harbour.
Many other interrogatories were put to the deponent ; who spoke highly favourably of the prisoner's general conduct towards the seamen of the vessel ; and with respect to the death of Hydrouse the malay, he said that the people were in so unclean a state that they were obliged to be compelled now and then to wash themselves ; that this man had been several times washed ; - and he was conscious that this so far from proceeding from any wish of exercising severity, was done as being considered necessary to their preservation. Coercion had been used, he said, to oblige the people to do the work of the ship ; the poor creatures were incapable of enduring the severity of the weather ; they fell into debility, and in repeated instances were thus suddenly taken off.
Mr. Peter Cummings deposed, that he had never heard of any person on board dying from ill treatment until this charge was announced to him by a Magistrate after the ship's arrival here ; that if any man had died from such a cause he was certain it would have come to his knowledge; that compulsory means were sometimes necessary to enforce the duty of the ship ; but that he never saw any of his officers exercise cruelty towards them, but on the contrary that the only object of such necessary coercion was either to oblige the people to cleanse themselves, or to force them to do their duty when the State of the ship demanded it.
Cross examined by the Prisoner.
Q. From your observation of my conduct towards these people, do you believe me capable of exercising such brutal violence as to endanger life? - A. No ; very far the reverse.
The Court having minutely examined all the evidence in support of the charge, directed that the prisoner should enter on his defence ; which was pointed, and well delivered. He had a numerous list of exculpatory evidence to call ; but the Court were satisfied with that already called, and acquitted the prisoner ; at the same time remarking generally, that there was some reason to apprehend, that in frequent instances more than necessary severity had been exercised against these people ; who were useful in their own climate, and should receive kind treatment when taken into colder latitudes. They hoped this would be a caution in all future cases, and convince the rash and impetuous that the humblest individual who claims protection of the British Law, shall in New South Wales receive its fullest benefits.
On Sunday night the house of Mr. Mansel, in South Street, was broke into and entered, about midnight; but the villains being disturbed by a pistol falling, instantly made off without a booty. The entry was effected by the removal of bricks from the chimney.
N O T I C E S.
To be Sold by private contract, that truly valuable and desirable Dwelling house and premises now in the possession of Jesse Hudson, Parramatta ; containing an extensive garden in a high state of cultivation, neatly cropped, and an excellent well constantly supplied with excellent water, the whole occupying a lease of nearly twelve years unexpired ; and the situation one of the best in Parramatta, being bounded by the premises of Joseph Ward.
For further particulars enquire of Jesse Hudson, on the premises, or of James Meehan, South Street, Sydney.
S T R A Y E D on Wednesday ore'night from Sydney, a dark bay Mare, with stars in her forehead. Whoever has found the same will receive a reward of One Pound ; if found near to Sydney, the finder is requested to leave her at John Connell's, Chapel Row, if up the country, at Mr. Fitzgerald's, Hawkesbury, and the above reward will be paid by either of the parties.
PRINTED AT SYDNEY ; AND ADVERTISEMENTS RECEIVED BY G. HOWE.